Davis v. Johnson

Beasley, Judge.

Plaintiffs Mr. and Mrs. Davis appeal the grant of summary judgment, final judgment and dismissal in favor of defendant physicians, Johnson and Kendall, in this suit alleging medical negligence resulting in the wrongful death of the Davis daughter. The action was filed against these defendants two days prior to the running of the statute of limitation and service was perfected subsequent to the statutory time. The trial court issued its ruling based on its determinations that (1) plaintiffs did not establish due diligence and reasonableness in attempting to secure prompt service…